- 3 -
issued by the Superior Court of Carroll County, Georgia (the
State court).3 The decree provides in part:
3. PROPERTY SETTLEMENT
3.(A) RETIREMENT-PENSION - The husband shall pay
to the Wife as property settlement [sic] from his
retirement pension check the amount of $1000.00 per
month on the 30th of each and every month beginning
March 30 2000 [sic] from the Delta Airlines benefit
check. * * * This monthly payment * * * shall be paid
through a wage attachment from * * * [petitioner’s]
retirement check. * * * [Petitioner] is ordered to
sign the necessary documents allowing Delta to take out
the monies * * * from his monthly benefits check.
The decree also provides that petitioner and Ms. Reichner
“specifically agree to waive, renounce and relinquish, now and
forever, any and all rights or claims either may have to alimony
from the other party.”
The record does not indicate whether petitioner signed the
“necessary documents” to permit the wage attachment. For more
than 2 years after the divorce, however, the Delta plan did not
make direct payments to Ms. Reichner. Instead, the Delta plan
paid retirement benefits to petitioner, who in turn mailed a
$1,000 check to Ms. Reichner each month.
In May 2002, the State court issued a stipulated order that
was incorporated into the divorce decree (the stipulated order).
The stipulated order states that it is intended to be a
“Qualified Domestic Relations Order” (QDRO) as defined in section
3 The decree was issued in July 2000 nunc pro tunc Mar. 28,
2000.
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